What Happens if You Fail a Field Sobriety Test, and What Happens if You Refuse

Web Admin - Tuesday, October 07, 2014

Illinois breathalyzer fail, Barrington DUI lawyerThe State of Illinois considers drunk driving to be a serious crime, and imposes high penalties for people found guilty of it. Often, drunk drivers are caught during a traffic stop after taking a breathalyzer test or failing a field sobriety test. Field sobriety tests are a battery of heuristic, qualitative examinations, like requiring the driver to stand on one foot for a certain period of time or to walk heel to toe.

However, drivers are not required to take these field sobriety tests because they qualify as a search under the Fourth Amendment. Additionally, these sorts of tests are not covered by Illinois' implied consent law. The implied consent law states that operating a motor vehicle is a privilege, not a right, and that by driving, a person consents to have his or her breath, blood, or urine tested for alcohol. This means that, while there are penalties for refusing one of those tests, those penalties do not apply to field sobriety tests. There is one exception to this rule, however. If a person has been issued a registry card for the state's new medical marijuana program, then the implied consent law does extend to field sobriety tests.

Penalties for Failure

Courts often view failing a field sobriety test as evidence that a person was driving under the influence. This evidence can often be strengthened by the police taking a chemical test. If either test proves to the court's satisfaction that the driver's blood alcohol content (BAC) exceeded 0.08 percent, then that person triggers the DUI penalties in Illinois. A first offense comes with a maximum fine of $2,500 along with a potential jail sentence of up to one year. Additionally, a first offender's license may be suspended for a minimum of six months.

These penalties increase for repeat offenders, with the license suspension going up to a five-year minimum for a second offense. A third DUI triggers a 10-year suspension and a prison sentence of between three and seven years. Additionally, every DUI offense comes with the penalty of having an ignition interlock device installed in the offender's car, which functions as a breathalyzer test to turn the car on.

Penalties for Refusal

Refusing to take the field sobriety tests does not trigger any penalties, unless the driver has been issued a medical marijuana registry card. However, there are penalties for refusing to take a chemical test. These penalties start at a one-year summary suspension of a person's driver's license. Additionally, if a person has previously had a suspension or a DUI conviction in the past year, then the penalty increases up to a three-year suspension.

DUI charges are a serious sanction in Illinois that can have long-lasting consequences. If you have recently been charged, seek help from an experienced Illinois criminal defense attorney. Our firm defends the rights of clients across the northwest suburbs, including in Barrington, Rolling Meadows, and Des Plaines.

About the Author: Founding partner of Drost, Gilbert, Andrew & Apicella, LLC, Colin Gilbert, received his J.D. from Chicago-Kent College of law in 2005. Colin argues cases across many practice areas including criminal defense, collections, civil litigation, real estate law, and corporate law. Colin is an active member of the Board of Governors of the Northwest Suburban Bar Association and the Illinois Creditors Bar Association. He is currently Vice President of the Arlington Heights Chamber of Commerce, and is a Commissioner for the Village of Arlington Heights. Colin has a 10.0 Attorney rating on Avvo, and was named one of the 2014 “Top 40 Under 40” Trial Lawyers in Illinois by the National Trial Lawyers Association.

Recent Posts


Inverness traffic law firm Palatine criminal defense lawyer dram shop law insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys Illinois speeding lawyer financial advisors employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys living wills Schaumburg real estate lawyer Palatine punch death employee misclassification construction contracts real estate Illinois trucking safety Kenilworth estate planning lawyer Crystal Lake business law attorneys field sobriety test Rolling Meadows Illinois employment law attorney sexual images ken apicella Des Plaines Barrington personal injury lawyer Des Plaines real estate lawyer Crystal Lake bike accident lawyer Buffalo Grove personal injury attorney Deer Park employment law attorney drug possession gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys School Visitation Rights Act Buffalo Grove probate lawyer Barrington Illinois estate planning lawyer Schaumburg employment law attorneys Detainer Actions icy parking lots holiday statistics Arlington Heights car accident lawyer traffic laws landlord Palatine real estate lawyer Joliet general practice lawyers drunk driving statistics Illinois Workers’ Compensation Commission LLCs traffic violations defense trusts Buffalo Grove insurance claim dispute lawyers drug crime Des Plaines claims law firm Palatine drug lawyer Schaumburg wrongful death attorney residential real estate first degree murder Liquor Control Act driving Illinois small business crossover accidents insurance agent negligence Illinois personal injury lawyers health insurance dispute estate planning Arlington Heights lawyer motorcycle accident lawyer wage theft trauma after an accident investment property startup company brain injury Illinois bicycle safety insurance denials sole proprietorship small business Deer Park DUI lawyer Illinois Inverness DUI lawyer paid sick leave probate Buffalo Grove car accident lawyer Crystal Lake car accident attorney compensatory time Policy Cancellation probate claims process Palatine personal injury lawyer Crystal Lake estate planning lawyer Palatine employment attorney Schaumburg personal injury lawyers Arlington Heights accident attorney pizza emoji Landlord Tenant Ordinance Illinois wrongful termination lawyer DGAA Arlington Heights employment attorney employees Rolling Meadows litigation lawyer estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, South Barrington real estate lawyer probate lawyer boating DUI DMV denied insurance claims Crystal Lake personal injury attorney pedestrian-automobile accident Schaumburg medical malpractice lawyer Crystal Lake injury attorney Self-Directed IRA Accounts installment contracts low-ball insurance settlement Crystal Lake traffic attorney Illinois civil litigation lawyer Inverness real estate lawyer insurance denial appeals college kids preventing accidents life insurance Deer Park traffic accident attorney internet disability benefits homestead rights Illinois insurance claim attorney trench injuries taxes Des Plaines Traffic Lawyer Kenilworth estate planning attorney real estate zoning Des Plaines drug crimes lawyer manufacturing Schaumburg estate planning lawyer bad faith insurance claims Buffalo Grove traffic lawyers modern family estate planning workers compensation revenge porn Illinois insurance lawyer privacy estate tax real estate lawyer insurance claim dispute attorney Crystal Lake pedestrian accident lawyer medical malpractice Des Plaines civil attorney Barrington real estate lawyer Des Plaines accident attorney Illinois rollover accident lawyers wills Illinois job attorney criminal record Illinois living will Schaumburg insurance lawyers Barrington Traffic Lawyer Palatine corporate attorney Barrington drug crime attorney trucking accidents Deer Park criminal attorney Chicago estate planning lawyer criminal defense Schaumburg liability Arlington Heights medical malpractice lawyer drugs whistleblower protections employment attorney agent texting while driving pet bites digital information senior citizens Chicago insurance law firm defective products lawyer Palatine construction attorney car crash injuries Arlington Heights pedestrian accidents license Illinois workplace discrimination attorney Inverness corporate attorney Inverness insurance attorney Colin Gilbert Illinois personal injury estate plan Crystal Lake employment law attorney medical marijuana tax attorney estate planning lawyer no contest clauses accidental death benefits Chicago employment lawyer Palatine workers compensation lawyer Illinois will lawyer elder abuse Des Plaines real estate attorney deadly crashes traumatic brain injuries construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation Illinois employment law firm Palatine insurance lawyer Inverness accident lawyer spinal cord injury Schaumburg corporate attorney living trust vs will Rolling Meadows car accident lawyers Illinois Trust Code premises liability Rolling Meadows insurance dispute lawyers, insurance dispute Rolling Meadows employment attorney IRS employee discrimination healthcare personal injury claims Fair Labor Standards Act truck collisions dog bites Chicago will attorney Barrington criminal defense lawyer slip and fall accidents Illinois traffic attorneys Fourth of July car crash caregiver murder marijuana crimes attorney traffic deaths Barrington estate planning attorney fault based insurance underfunded trust Arlington Heights criminal lawyer reckless homicide Illinois traffic laws Employment Discrimination Law Schaumburg probate attorney minimum wage vacation home Schaumburg personal injury lawyer Deer Park traffic lawyer Crystal Lake criminal defense attorney ObamaCare Illinois employment law Barrington personal injury attorney pedestrian accidents digital evidence Illinois traffic attorney natural gas explosion Des Plaines tax law firm auto accidents Rolling Meadows medical malpractice lawyers Illinois Sales Representative Act CAM Schaumburg elder law lawyer employment lawyer Schaumburg estate attorney Des Plaines personal injury lawyers Attorney Ken Apicella owner responsibility mortgage insurance claim denials Inverness estate planning lawyer car accident vacation home fines FMLA Illinois collections attorney pedestrian injuries, pedestrian fatality Barrington medical malpractice lawyers Food and Drug Administration's Food Safety Modernization Act Inverness elder law lawyer Rolling Meadows tax attorney Barrington litigation attorney Long Grove estate planning attorneys Illinois construction accident attorney Deer Park workers compensation lawyer Crystal Lake insurance lawyer Schaumburg employment attorney Arlington Heights traffic attorney Crystal Lake car accident lawyer Illinois tax attorney estate planning trusts overtime violations federal crimes Crystal Lake medical malpractice law firm insurance claim denial comparative negligence Buffalo Grove medical malpractice lawyers Des Plaines personal injury lawyer consent to a search BAIID DNR Mount Prospect elder law attorney Arlington Heights tax lawyer BAC car collision Rolling Meadows DUI lawyer insurance attorney real estate attorney Illinois estate planning attorney estate planning attorney IRA benefits medication errors personal injury claim Palatine traffic accidents insurance claim delay golf accidents Illinois criminal defense attorney products liability home inspection lawyer medical malpractice compensation preventable medical errors trust payments Crystal Lake accident attorney Mt Prospect Attorney Illinois car accident attorney rent to own real estate contracts Barrington business law firm healthcare claims Rolling Meadows traffic law firm Illinois probate lawyer contracts Illinois employee rights attorney. work unions estate attorney license suspension unpaid overtime Mount Prospect wills and trusts lawyers Arlington Heights insurance attorney personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys Palatine injury attorney Deer Park motorcycle accident lawyer Illinois pet lawyer Illinois trusts attorney irrevocable trust Arlington Heights wills and trusts lawyers Schaumburg civil litigation attorney Crystal Lake employment attorney loss of consortium Arlington Heights real estate lawyer traffic tickets medical malpractice claims license reinstatement Arlington Heights wills and trusts attorneys Long Grove real estate attorney texting and driving digital assets criminal Palatine employment law lawyer probate fees Rolling Meadows business lawyer Illinois Transfer on Death Instrument DUI Illinois corporate lawyer breathalyzer test Schaumburg injury lawyer expungement Chicago corporate attorney head on collisions power of attorney real estate attorneys POA Illinois workers compensation attorney Crystal Lake medical malpractice attorneys Illinois motorcycle accident lawyer fatal car accidents Rolling Meadows probate lawyer capital gains tax trucking accident lawyers living trust pet law insurance dispute Buffalo Grove law firm Illinois business law atorneys Crystal Lake civil litigation lawyer Illinois real estate lawyer Long Grove estate planning Des Plaines DUI attorney Illinois Wage Payment and Collection Act Illinois personal injury attorney Illinois business lawyer life insurance claims GM ignition switches pedestrian accident Kenilworth estate planning attorneys probate claims marijuana foreclosed rental property creditors Palatine elder law attorney wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace elder law Chicago employment attorney Arlington Heights wills and trusts lawyer Rolling Meadows criminal attorney Rolling Meadows drug defense attorney Illinois driving without license personal injury lawyer mass shooting Illinois medical malpractice attorney Inverness injury lawyer real estate leasing trustee insurance agents deed transfer Crystal Lake pet attorney meal breaks Illinois employment laws Mount Prospect real estate lawyer nursing home negligence Buffalo Grove personal injury lawyer Crystal Lake personal injury lawyer Retaliatory Discharge filing a medical malpractice claim Affordable Care Act DUI attorney Super Mario defective products Inverness real estate attorney rumble strips eluding a police officer Schaumburg Attorney Palatine employment lawyer IRA trust transfer Long Grove real estate lawyer commercial leasing Palatine civil litigation lawyer insurance disputes life insurance policy ACA Rolling Meadows real estate attorney Rolling Meadows boating crash lawyer Illinois lawyer Palatine estate planning lawyer rollover car crashes Rolling Meadows personal injury lawyer distracted driving accident victims Barrington employment law firm Buffalo Grove injury lawyer product liability traffic violations comp time pay when paid contract denial of life insurance Rolling Meadows personal injury attorney Chicago will attorney, social media platforms, Illinois estate planning lawyer, fiduciary rule delay in terrorem provision drunk driving Deer Park personal injury lawyer Transfer on Death Instrument Arlington Heights wills and trusts attorney controlled substance Schaumburg estate planning attorney Class A misdemeanor social media after death medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers FSLA unpaid assessment employment law, Illinois employment laws Illinois estate planning fiduciary rule insurance adjusters Crystal Lake employment lawyer Arlington Heights injury attorney construction accidents Illinois law Illinois wills and trusts attorneys breach of contract hands free device Des Plaines pet law attorney Illinois elder law attorney DUI defense Illinois employment law attorneys involuntary manslaughter Palatine law firm traffic offenses cell phone accidents Federal Food Drug and Cosmetic Act South Barrington real estate attorney Illinois traffic accident lawyer Illinois insurance disputes Rolling Meadows employment law attorneys Crystal lake insurance dispute attorney Rolling Meadows estate planning attorney child safety Rolling Meadows insurance dispute lawyers Barrington criminal lawyer right to work swimming pools clemency advance healthcare directive Buffalo Grove traffic attorney income distribution deducation Riverwoods estate planning lawyer probate process Arlington Heights Attorney Illinois mortgages Illinois home inspection unfunded trust Rolling Meadows marijuana attorney Illinois insurance claim dispute lawyer Des Plaines injury law firm Family Medical Leave Act Do Not Resuscitate federal regulations for LLCs Buffalo Grove employment lawyer real estate contract forming a corporation in Illinois dealing with problem employees BUI liability claims workplace sexual harassment medical research Illinois jet ski accident lawyer bike accident Chicago biking tips insurance claims Palatine business attorney Buffalo Grove criminal defense lawyer landlord tenant law unauthorized overtime Deer Park real estate law firm severance agreements TBI Barrington employment law attorney Illinois insurance dispute lawyers overtime pay Arlington Heights Traffic Lawyer Crystal Lake law firm Forcible Entry civil litigation Rolling Meadows Traffic Lawyer Illinois DUI attorney Schaumburg construction accident lawyer Illinois workers compensation lawyer Schaumburg drug defense lawyer digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers Chicago estate planning drug crimes lawyer commercial real estate Des Plaines personal injury attorney traffic accidents Illinois insurance attorney real estate closing loopholes hiring employees wrongful termination car crashes Barrington estate planning lawyer bicycle dooring accidents dynasty trusts Illinois insurance claim dispute lawyers independent contractor Illinois wills and trusts liens personal injury attorney insurance dispute attorney Home Remodeling Repair Act IRELA Buffalo Grove corporate attorney distracted driving accidents wrongful death PTSD car accidents Illinois medical malpractice case Illinois Smoke Detector Act Schaumburg criminal law attorney Barrington injury attorney insurance claim dispute Des Plaines criminal attorney Illinois red light cameras business litigation murder charges sexual harassment Crystal Lake tax lawyer power of attorney for healthcare civil rights violation Illinois workplace lawyer Crystal Lake will lawyer Rolling Meadows Attorney workers comp Barrington workers compensation attorney natural gas back injuries Barrington attorney Colin H. Gilbert estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers Chicago insurance claim attorneys jet ski accidents condo association Schaumburg personal injury attorney Barrington employment attorney condo Chicago trucking accident attorney Crystal Lake medical malpractice lawyer Illinois personal injury lawyer Jay Andrew anesthesia errors Des Plaines medical malpractice attorney food poisoning Des Plaines insurance attorney Illinois injury lawyer uninsured motorist employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, Palatine traffic lawyer Chicago car accident lawyer attorney fees boating under the influence Legal Info Arlington Heights TBI attorney Palatine Attorney insurance negligence insurance claim blended families Deer Park medical malpractice attorney privacy laws rest breaks Long Grove wills and trusts attorneys appealing an insurance claim employment law criminal law pain and suffering Arlington Heights car crash attorneys Arlington Heights estate planning attorney Illinois medical malpractice claim motorcycle accident Rolling Meadows insurance lawyer wills and trusts llinois Real Estate Lawyers Association Rolling Meadows corporate lawyer Illinois registered agent living trust benefits Illinois insurance claims lawyers Illinois employment lawyer Illinois estate planning law firm Palatine probate lawyer hit and run accident Whistleblower Claims Palatine trusts lawyer problem employees new real estate form cell phone tower data Rolling Meadows criminal lawyer underinsured motorist Illinois LLC creation murder defense car accident lawyers blood alcohol content denied insurance claim job lawyers drug crimes estate planning for college students digital media accounts, estate planning, Arlington Heights estate planning attorney, workers compensation benefits Inverness civil lawyer rollover accidents Illinois pedestrian accident attorney Arlington Heights personal injury attorney license revocation traffic crimes Rolling Meadows employment law attorney DUI penalities Illinois Probate Act of 1975 Illinois boating accident lawyer employment contract Schaumburg criminal attorney guardianship attorney Inverness probate lawyer Illinois Human Rights Act Illinois real estate Rolling Meadows personal injury lawyers bicycle accidents Arlington Heights personal injury lawyer corporate law Barrington civil litigation attorney Crystal Lake traffic lawyer Illinois employment attorneys automated cars Thanksgiving personal injury accidents changes to mortgage law Inverness personal injury attorney civil litigation attorney spinal cord injuries special needs trust caretaker rights Chicago lawyer slip and fall Schaumburg car accident attorney Des Plaines drug lawyer foreclosure Illinois medical malpractice lawyers Chicago attorney employee rights Palatine corporate law attorneys Illinois attorney Barrington boating accident attorney Chicago traffic lawyer subcontractor Exclusions Long Grove estate planning attorney Rolling Meadows traffic attorney underage DUI boating accidents Des Plaines collections attorney operating agreements personal injury Illinois defective products attorney cell phone car accident lawyer Palatine civil attorney jet ski Schaumburg traffic lawyer Buffalo Grove real estate attorney institutional trustee Arlington Heights employment law attorneys suspended license surgical mistakes Rolling Meadows insurance attorney Illinois traffic ticket lawyer pregnant women insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys life insurance lawyer Home Sale Contingencies Deer Park accident attorney personal injury law firm traumatic brain injury speeding commercial leases Rolling Meadows accident lawyer gift taxes Arlington Heights trucking lawyer Des Plaines motorcycle accident attorney